s106C: s 106C Keep family and domestic violence leave information confidential
The employer takes steps to ensure information about notice or evidence given for family and domestic violence leave is treated confidentially so far as reasonably practicable, and does not use it, without the employee's consent, for anything other than confirming the entitlement, and in particular not to take adverse action, except where required by law or necessary to protect life, health or safety. Pay slips must not identify FDV leave (reg 3.47 and 3.48).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s106C. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Access controls restricting FDV leave records to named HR staff; Procedure for handling FDV evidence and consent to any other use; Audit of pay slips confirming FDV leave is not shown
What usually goes missing
Evidence stored in general HR files accessible to line managers; FDV leave visible on pay slips or leave balances; Information used in performance or disciplinary matters
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.